Professional Negligence Claims part 2 – Important Considerations

4 January, 2013
by: Cripps Pemberton Greenish
In the second in a series of posts giving a brief overview of professional negligence claims, we look at some further important considerations at the outset of a claim.

Proportionality

 
Proportionality is a key concept both at the start of a potential claim and right the way through it.  There may be a number of complex issues, relatively weak grounds for a claim or a real likelihood that the claim will be defended.  These will inevitably increase legal costs.  A claimant should therefore think carefully about the likely costs of pursuing a claim versus the likely value of the claim itself.  
 
Funding
 
Professional negligence claims can be complex and therefore the legal costs of pursuing them can be high.  Some firms, including Cripps Harries Hall, offer a range of funding alternative to standard hourly rates.  A potential claimant should also check whether he has the benefit of legal expenses insurance (often included as part of household or motor vehicle insurance). 
 
Time limits
 
If proceedings are to be issued, they must be brought within certain time limits or the defendant professional will have a strong defence that the relevant limitation period has expired and the claimant is out of time to bring a claim.   
 
The applicable limitation period in most cases is six years from the date of the negligence.  Claimants should always act as swiftly as possible and seek legal advice as to the limitation period which will apply to their claim. 

For more information, please see our ‘Brief Guide to Professional Negligence Claims’